Terms and conditions

This is a courtesy translation. The document governs a Colombian company under Colombian law, and the Spanish version is the binding one in the event of any discrepancy.

TERMS AND CONDITIONS

These Terms and Conditions of use set out the conditions under which KIWARE.CO S.A.S. (hereinafter, the "Company"), through the website www.visabot.com.co (hereinafter, the "Website") and its official communication channels (WhatsApp, email and Instagram), offers Users the service of bringing forward appointments for the US visa process (hereinafter, the "Services") at the Embassies/Consulates identified by the Company on its Website within the Services it offers.

Important: The User understands and accepts that neither the Company nor the Website has any relationship with, or provides the Services in association with, the Embassies/Consulates. Accordingly, the User's relationship with the Company creates no relationship or privilege whatsoever with the Embassy/Consulate where the User is carrying out their process.

The Company will provide the Services to persons of legal age who accept both these Terms and Conditions and the Personal Data Processing Policy before requesting the Services. They must also provide the information required for the Service to be properly delivered.

By accessing and requesting the Services offered on the Website, the User accepts and undertakes to comply with these Terms and Conditions, which shall be governed by and construed under the laws of Colombia, in both substantive and procedural matters.

Definitions

a) Updates: Changes, improvements or modifications the Company may make to the Website or to the Services.

b) Bot: An automated program used by the Company to book appointments on the User's behalf, following the parameters and availability dates provided by the User and by the embassies/consulates.

c) Company: The entity responsible for providing the visa appointment booking services, in this case KIWARE.CO S.A.S.

d) Contract: The legally binding agreement between the User and the Company governing the use of the Services offered through the Website.

e) Appointment Confirmation: An email or notification sent through the official communication channels, issued by the Company to the User, validating the scheduling of a requested visa appointment.

f) Account: The individual registration created by the User on the Website, which enables access to and use of the Services.

g) Personal Data: Any information that identifies or makes a natural person identifiable, as defined in Colombian Law 1581 of 2012 on the Protection of Personal Data.

h) Availability: The Company's ability to book appointments on the dates and times requested by the User, subject to the scheduling and slots released by each embassy or consulate.

i) Embassy/Consulate: The official United States government entity in Colombia responsible for providing visa-related services to Colombian citizens.

j) Services: The activities offered by the Company, such as the automated booking of appointments for US visa applications.

k) Website: The domain accessible at www.visabot.com.co, through which the User can access the Services offered by the Company.

l) User: A natural person of legal age who accesses and uses the services offered by the Company.

1. User Registration

1.1. To access the Services, the User must complete a registration process through the Company's official channels indicated on the Website. By registering, the User understands and accepts the terms and conditions and the data processing policy published by the Company on the Website.
1.2. The information provided will be processed in accordance with Law 1581 of 2012, Decree 1377 of 2013 and other applicable regulations. By registering, the User expressly authorises the processing of their personal data for the provision of the service, including access to their consular account. This authorisation is revocable in accordance with the law.
1.3. It is the User's responsibility to ensure that communication with the Company takes place exclusively through the official channels indicated on the Website. The Company accepts no liability for any information provided through unofficial channels.
1.4. Registration and the request for the Service must be carried out exclusively by persons of legal age with the legal capacity to make such a request.
1.5. For the User's registration, the Company will request the following information: electronic invoicing details (name, identification number, address, telephone and email)
Email address and password for accessing the embassy portal
Names of the applicants for whom the service is to be activated
Authorisation for the provision of the service under the data processing policy
1.6. On registering, the User warrants that the information provided is complete, truthful and accurate.
1.7. The Company will request the credentials required to access the account on the Embassy/Consulate website for the sole purpose of carrying out the contracted Service.
1.8. It is the User's responsibility to change their access credentials once the Service has ended, in order to safeguard the security of their information.

2. Provision of the Service

2.1. The Services provided by the Company are an effort to achieve the outcome the User seeks, but do not guarantee any specific result. Appointments are entirely under the control of the Embassy/Consulate.
2.2. The User understands that the Services are carried out through automated software (a bot), which will search for and take the earliest available appointments. The User is responsible for being familiar with the Embassy's/Consulate's terms.
2.3. Before the service begins, the User must indicate the dates on which they would NOT be able to attend their appointment.
2.4. Changes to restrictions or requests to modify the service must be communicated through the official channels and will be handled within a maximum of 2 business days.
2.5. The service shall be deemed performed once an appointment closer than the original date has been successfully booked.
2.6. The Company will notify the User of any appointment brought forward through its official channels. It is the User's responsibility to monitor the official Embassy/Consulate email.

3. Service Fee

3.1. The Service prices cover the appointment booking exclusively and do not include Embassy/Consulate costs.
3.2. The Service price will be communicated through the official channels at the time the Service is requested, in Colombian pesos or US dollars as applicable.
3.3. The Company reserves the right to adjust its fees at any time, which will be communicated through the official channels.
3.4. Promotions and discounts are subject to specific terms, which will be stated on the Website.

4. Payment for the Service

4.1. Billing and invoicing will be carried out electronically by the Company in accordance with applicable regulations.
4.2. The User must pay after receiving notification of the new appointment date, within no more than 3 business days.
4.3. If payment is not received within the stated period, this will be treated as cancellation of the Service for breach.
4.4. In the event of fraudulent payments, the Company will take the appropriate administrative and legal measures.

5. Refund Policy

5.1. The User may request a refund of the advance payment under specific conditions through the official channels.
5.2. If no appointment has been reported as brought forward, the User may request a 100% refund of the advance payment.
5.3. If an appointment has already been reported as brought forward, the corresponding charge will be applied at the rates in force.
5.4. Refunds will be processed within a maximum of 15 calendar days. Administrative costs of 10% and bank transaction costs will be deducted. No refund applies to services already rendered or to changes in consular policy.

6. Conditions of Use of the Website

6.1. The content of the Website is the property of the Company. Downloading, reproducing or transferring it without authorisation is prohibited.
6.2. The User must refrain from providing false information or carrying out unauthorised commercial activity on the Website.
6.3. The User undertakes not to interfere with the operation of the Website nor attempt to circumvent its security features.
6.4. The Website does not provide legal advice and is limited exclusively to appointment booking.

7. Limitation of Liability

7.1. The Company acts solely as a technological intermediary and does not guarantee that appointments will be obtained.
7.2. The Company will not be liable for decisions taken by the United States consular authorities.
7.3. The User releases the Company from any liability arising from changes in consular policy.
7.4. The Company's maximum liability is limited to the amount paid for the service.

8. Claims and Disputes

8.1. Any claim must be brought within one (1) year after the cause of action arises.
8.2. Disputes will be resolved through conciliation and, failing settlement, will be submitted to the jurisdiction of the competent courts of Colombia.
8.3. If any provision is held to be invalid, this will not affect the validity of the remaining terms.

9. Force Majeure and Acts of God

9.1. The following are considered force majeure events: changes in consular policy, failures in Embassy/Consulate systems, government restrictions, pandemics, and other events beyond the Company's control.
9.2. During force majeure events, the Company will suspend the service without liability for non-performance.
9.3. If the event persists for more than 30 days, either party may terminate the contract.

10. Termination of the Service

10.1. The Company may suspend the service immediately in the event of breach by the User.
10.2. The User may cancel at any time, subject to the refund policy.
10.3. In the event of termination, confidentiality obligations will remain in force.

Legal email: legal@visabot.com.co

WhatsApp: +57 300 944 5554

Email: info@kiware.co

Jurisdiction: Colombia

Terms and conditions